PSE Avian Protection Program -Hydro -Wind -Distribution/Transmission -Substations. Mel Walters, Program Manager Consulting Natural Resource Scientist
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1 PSE Avian Protection Program -Hydro -Wind -Distribution/Transmission -Substations Mel Walters, Program Manager Consulting Natural Resource Scientist
2 Regulations 1918 Migratory Bird Treaty Act Strict Liability statute wherein proof of intent is not an element of a taking violation. Violation of the MBTA can result in fines up to 250,000 an or imprisonment for up to 2 years for a felony. Organizations fines can be doubled 1940 Bald and Golden Eagle Protection Act Eagles are provided additional protection. Penalties for violations of the BGEPA are similar to MBTA violations Endangered Species Act 2
3 U.S. Fish & Wildlife Service Agency oversight USFWS is interested in minimizing all avian mortalities this includes mortalities due to bird power line interactions, hydro operation, wind generation and substation. (All Company Facilities) USFWS carries out its responsibility to protect migratory birds through investigation and enforcement, as well as by fostering relationships with individual companies. Enforcement actions are focused on those individuals or companies or agencies that take migratory birds with disregard for their actions and the law, especially when conservation measures have been developed but are not properly implemented. 3
4 Utility History /PSE History APP Reported bird collision with telegraph lines First Reported Eagle Electrocution Idaho Power develop devices to provide safe perching sites on power poles Study Reports 47 Eagle Deaths on a 12 Mile Stretch of Power lines. (Western U.S.) EEI and Raptor Research Foundation publishes Suggested Practice for Raptor Protection on Power lines First relocation of osprey nest 4
5 Utility History /PSE History APP 1980 s - PSE s creates artificial osprey platforms on Lake Shannon USFWS reports 594 raptor mortalities on 250 miles of distribution line (Western U.S) Working group begins work on whooping crane issue and in 1989 Avian Power line Interaction Committee (APLIC) Is formed Migratory Bird Collision with Power Lines (manual) Third addition of Suggested Practices published by APLIC and USFWS First criminal prosecution of a utility under BGEPA and MBTA. Moon Lake Electric pleaded guilty and agreed to pay $100,000 in fines and restitution, serve 3 year s probation, sign a memorandum of understanding (MOU) with the USFWS 5
6 Utility History /PSE History APP (March 13) PSE meets with USFWS at bald eagle electrocution site near Birch bay (Site was retrofit within two weeks). 6
7 Utility History /PSE History APP 2000 (March 15) PSE receives letter from USFWS. Cited PSE for 6 violations, and requested sites be retrofit Placed PSE under Investigation for violations of MBTA Asked for cooperation in reducing future bird mortalities associated with PSE power lines PSE initiates first steps in creation of Avian Protection Program 7
8 Utility History /PSE History APP PSE Baker Hydro Lic. Process (Terrestrial and Aquatic Mitigation (Settlement Agreements) Study in Utah and Wyoming of 70,000 poles document 547 avian mortalities Study of 4,090 poles in Montana document golden eagle electrocutions at 4.4% of poles PSE s First wind site begins production, Hopkins Ridge (more bird issues and studies) Avian Protection Plan Guidelines Released PSE Completes Avian Protection Plan Fourth edition of Suggested Practices Now Avian Protection 8
9 Utility History /PSE History APP 2007 Bald eagle removed from Endanger Species List PacifiCorp PacifiCorp is sentenced under the MBTA and BGEP there were 232 golden eagles, 46 hawks, 59 owls electrocuted on facilities in Wyoming Pleaded guilty to 34 counts, fined $10.5 million, five years probation, agreement to retrofit 7,700 poles in Wyoming in Bald and Golden Eagle Protection Act (Eagle Act). Take permits 9
10 OSPREY (Problems/Opportunities) Attitude.? Operation issues (PSE history) 1979 Distribution 1980 Hydro 10
11 BAKER RIVER HYDRO (Lake Shannon) 1980 s - on PSE created 9 artificial nest structures and remove snags that were to low for successful nesting on Lake Shannon 11
12 Article 506 Osprey Structures (Settlement agreement) Licensee shall maintain 10 artificial osprey nest structures 12
13 Article 506 Osprey Structures (Settlement agreement) Within 2 years of License issuance licensee will modify 10 existing trees near Lake Shannon to promote their eventual use as Osprey nest 13
14 Article 506 Osprey Structures (Settlement agreement) Annually monitor osprey nest activity 14
15 Article 506 Osprey Structures (Settlement agreement) Goal: Provide a sufficient number and distribution of nest structures at Lake Shannon to support an estimated seven breeding osprey pair 15
16 Article 507 Loon Floating Nest Platform (Settlement agreement) Goal of the floating Nest Platform Plan is to provide habitat features that will improve the potential for loon nesting on the Baker Lake Reservoirs Install and maintain three floating nest platforms Install and maintain informational and restricted access apparatus such as log booms buoys, signs, or other devices Annual Monitoring (during breeding season) Determine Effectiveness after 15 years 16
17 Article 507 Loon Floating Nest Platform (Settlement agreement) Most loons prepare a nest on floating vegetation, on a lake or pond with a fairly stable water level 17
18 Article 507 Loon Floating Nest Platform (Settlement agreement) The challenge for most reservoirs is a fluctuating water level, and little aquatic vegetation. Lake Shannon can fluctuate as much as 50 feet during the breeding season. 18
19 Article 507 Loon Floating Nest Platform (Settlement agreement) Lake Shannon Platform May 12, 2011 July 28,
20 Article 507 Loon Floating Nest Platform (Settlement agreement) Anderson Creek Platform 20
21 Article 507 Loon Floating Nest Platform (Settlement agreement) Noisy Creek Platform 21
22 Article 507 Loon Floating Nest Platform (Settlement agreement) Install and maintain informational and restricted access apparatus such as log booms buoys, signs, or other devices 22
23 Article 507 Loon Floating Nest Platform (Settlement agreement) 2010 Survey Season Summary 23
24 Articles 512 & 513 Bald Eagle Plan Article 512 During the first three years after license issuance and again between years conduct surveys to identify bald eagle communal winter night roost in the vicinity of Baker River Project Licensee's funding for surveys not to exceed 25k for each 2-3 year survey period. 24
25 Example survey Surveyors: -Brock Applegate -Haley Edwards -Tony Fuchs -Scott Heller -Mel Walters -Nathanael Overman (PSE Aquatic Bio) Observation Summary: 1. Most of the eagles observed were soaring really high over the lake and surrounding ridges. 2. A few birds were seen perching, some for short durations, some were flushed by the boat. 3. Much of the activity was concentrated in the area shown by the circle, and other birds were observed flying in that general direction. 25
26 PSE s APP Objectives Systematically reduce the risk of avian electrocution and collision on the electrical system. Comply with State and Federal Regulations. Maintain a positive relationship with USFWS. Increase system reliability. Promote environmental stewardship. Encourage consistency throughout the company for managing avian issues. Continually evaluate the effectiveness of the APP. 26
27 Questions? 27
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